Title: The role of the equality principle in multilevel systems: reflecting on some recent ECJ’ decisions

Date: 01/09/2008

Subject: The paper explores how, in some of the most recent ECJ’ decisions, the principle of equality shows the tendency to work as a metaprinciple, which can shift the boundaries of competences, transforming them into mobile boundaries. Thus, in the European integration process too, the principle of equality seems to play the role that it has always played in all multilevel government systems, which is to push the limits of the separation of powers between the centre and the periphery, and to extend the jurisdiction of the courts that are to apply it (thereby reinforcing the power of the judiciary over political actors).

Original language: Italian

Classification: Equality - Art. 20 Equality - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified

Text